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What Must Be Proven In Order To File And Win A Nursing Home Neglect Case?

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Proving a nursing home neglect case can be challenging. This is because there are a few things that must be proven in order to win these cases. Here are the three factors that you must be able to prove in order to win a nursing home neglect case. 

That Your Loved One Was Injured

The first step to proving a nursing home neglect claim is being able to show that your loved one was injured. If your loved one did not need or seek medical treatment due to the alleged neglect, they may not have a case. For example, if a nurse gives your loved ones the wrong medication one evening, they may be negligent. But if your loved one did not have any health issues because of the medication and did not seek medical care, no injury occurred and thus a case cannot be filed. 

That the Actions Taken By the Caretaker Deviated From the Accepted Standard of Care

The next hurdle that needs to be crossed in order to win a nursing home neglect claim is being able to prove that the caretaker or nursing home deviated from the accepted standard of care. In some cases, it is very clear that the staff was negligent, such as providing patients with the wrong medication. However, sometimes what happens is an accident and not negligence. If your loved one was complaining of a stomach ache, the nurse may have asked standard questions and ruled out anything serious. If the situation is serious and your loved one suffers because action wasn't taken sooner, this is simply an accident because the nurse followed proper protocol. However, if your loved one is doubled over in pain and the nurse ignores it or doesn't ask the right questions, and your loved one suffers because of it, the nurse may not have followed the accepted standard of care that other health care professionals would have followed, thus making this a neglect case. 

That The Injury Was Caused By the Alleged Neglect or Abuse

Lastly, you need to be able to prove that the injury your loved one sustained was actually caused by the alleged neglect or abuse. For example, nursing homes may check on patients in their rooms hourly. If your loved one fell in the room and was injured because of the fall, this is not neglect, even if the staff does not check on your loved one every hour as they should. However, if your loved one fell and cut their head open and lost more blood than they would have if hourly room checks had been done, this would be neglect. You have to be able to show that the neglect or abuse played some role in either directly causing the accident or making it worse than it would have been if proper procedures had been followed. 

If you feel that your loved one has sustained an injury due to neglect at the hands of a nursing home, you may be able to file a personal injury claim for nursing home neglect. If you are considering filing one of these claims on behalf of your loved one, contact a nursing home neglect or abuse attorney today. They can help you obtain the evidence and witness statements you need in order to prove and win your case. 


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